HBA-MPM S.B. 491 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 491
By: Luna
Public Education
5/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law permits multi-year contracts between a school district
and an attorney representing a school district.  S.B. 491 provides that a
legal service contract purporting to bind a school district for a fixed
term may be voided by the district, except under certain conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 44, Education Code, by adding
Section 44.042, as follows: 

Sec. 44.042.  CONTRACTS FOR LEGAL SERVICES.  Provides that a contract for
legal services that purports to bind a school district for a fixed term of
more than one year may be voided by a school district.  Makes this section
inapplicable to a contract for the provision of legal services: 

_by a salaried district employee;
_to collect delinquent property taxes for the district;
_to represent the district on a contingent fee basis; or
_to represent the district in specific litigation.

SECTION 2.  Makes this Act prospective with respect to legal services
entered into by the board of trustees of a school district. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.